Mangrum's Administrators v. Sims
Mangrum's Administrators v. Sims
Opinion of the Court
delivered the opinion of the Court.
The acceptance of the account mentioned in this case, cannot be considered as a payment of the debt; if it operates to the destruction of the demand, it must be by way of satisfaction. Had it been a payment made to one administrator, it would unquestionably have been good; for then, it would have been the performance of the thing stipulated; it would not have rested its discharge of the debt on the agreement of the administrator. A satisfaction is a very different thing; it is not the performance of the act stipulated to be done, but the performance of another act in its lieu, its validity depending doubly in agreement. The case, then, resolves itself into this question — can an administrator (where there are others) by his agreement, alter or change the nature of the duty or debt due or owing to his intestate? We think he cannot. Administrators (where there are more than one) act under a joint commission, not a joint and several one; they have no interest in the estate, only a bare authority; there are some modern dicta, to the contrary; but we admire the old rules, which confine those who have an authority only, and no interest, strictly to their authority; it prevents abuse of power and injures none; it prevents specula
Let there be judgment for the plaintiffs.
Reference
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